EU: Mass
deportations by charter flight - enforcement and resistanceCollective explusion of aliens
is prohibited (4th Protocol (Article 4) to the European
Convention on Human Rights)

This article first appeared in
Statewatch bulletin in April 2003 (vol 13 no 2)

For all the EU governments hard line speeches on their
clamp down on asylum, the one thing they have always failed to
achieve is their deportation targets. Although the living conditions
for asylum seekers in the EU have dramatically decreased over
the past decade (detention, dispersal, no social services, racist
attacks), their removal after failed applications has been slowed
down by several factors. Contrary to common belief, these are
not related to the EU government's international obligations
under the ECHR.

Firstly, there is the refusal by countries of origin to take
back their own and other nationals (this includes in particular
the lack of identity documents and the unwillingness by refugees
and migrants to disclose their nationality in fear of deportation,
as well as stateless refugees); secondly, there is the resistance
by refugees and migrants against their deportation as to them
it is either death or economic destitution awaiting them (although
in most cases deportations are not physically resisted); finally,
there are the logistical and financial problems of forcefully
deporting thousands of people: it is very expensive, not least
due to the fact that for every forced deportation, the government
has to pay wages and (return) flight costs for around four security
personnel or police officers. Up to now, governments have used
scheduled flights because they include landing rights (which
are cheaper) and there have allegedly been deals between governments
and airlines on taking deportees in return for the waving of
carrier sanctions.

To enforce the deportation of the target number (2,500 a month
according to the 2002 UK White Paper on immigration, nationality
and asylum) individually, the governments would have to pay millions.
Another important aspect here is the refusal by most airline
companies to carry out deportation flights, since anti-deportation
campaigners have started focusing on aviation companies for carrying
out deportations. Or as one private security firm responsible
for escorting deportations told the UK Houses of Commons Home
Affairs committee during an enquiry on deportations: if it was
not for British Airways, the number of those deported on scheduled
flights would be "virtually nil".

For these reasons, EU governments and think tanks have come up
with the plan of chartered deportation flights. It is difficult
to pinpoint precise origins, but chartered deportation flights
have occurred at least since the 1980's, albeit not regularly.
In 1992, when in Hungary 1,200 refugees were round-up, 740 of
them were immediately deported on charter flights to Damascus
and Hanoi amongst others. The French have used charter trains
to Marseille where refugees are then deported by boat to North
Africa, a plan which encountered much resistance in 1993, when
then interior minister Charles Pasqua ordered the French state
railway company SNCF to conduct a feasibility study. Since then
however, trains have again been used for deportations to France's
coast. More recently, charter deportations have been stepped
up in the EU in a drive to enforce Member States' deportation
targets, and they have started to occur in cooperation between
EU member states, notably France, Germany, the Netherlands and
Britain. The test case for chartered deportation flights was
undoubtedly Kosovo. The UK government alone has deported over
4,000 people to Kosovo on charter flights over the past few years,
and on 4 March this year, immigration minister Beverley Hughes
confirmed at an inquiry into asylum and immigration removals
that "Yes, we actually do a lot of charter flights...there
have been weekly flights out to Kosovo..." And in fact,
she "was very impressed" with the way the security
firm dealt with the escort, so impressed she stayed "and
watched the flight go".

But although most politicians view 'removals' purely in terms
of a logistical problem, in reality, deportations are a serious
human rights concern and resistance to them is strong. Deaths
during deportation occur almost every year and eye witnesses
report time and again that police and security officers violently
abuse deportees. The use of sedatives and straightjackets, gagging,
shackles and physical force are a regular occurrence on deportation
flights. Only at the beginning of this year, another two people
died on Air France flights after border guards used force to
'calm them down': the 52-year-old Argentinean Ricardo Barrientos
and the 24-year-old Somali Mariame Getu Hagos, died during deportations
on Air France flights on 30 December 2002 and 16 January 2003
respectively. At least 11 more such deaths have occurred in the
past two years in Belgium, France, the UK, Austria, Switzerland
and Germany. The common cause of death during deportation is
'positional asphyxia', in other words, people suffocate to death
whilst they are being held down (see Statewatch bulletin
vol 11 no 3/4). Since the introduction of charter flights, human
rights organisations have become particularly concerned because
abuse can now go unchecked, which is why in France, the Red Cross
is now allowed to send a representative along to witness charter
deportations, together with around 90 security personnel and
police.

Charter deportation in EU policy

Joint charter deportations were already discussed during the
Schengen process, driven by Germany. When EU governments were
forced to make public the Schengen acquis in late 1996 after
sustained pressure from their parliaments, not only the extent
of Germany's driving force behind the restrictive development
of asylum and immigration law became clear, but the German report
on the Schengen 'progress' also emphasised that "repatriation
through joint charter flight by Germany, France and the Netherlands
has been successful and should be expanded."

Switzerland endorsed the practice of joint charter flights in
1993 through a Swiss-German readmission agreement which included
a clause on joint quotas for deportation by charter flights,
particularly to Kosovo. Switzerland again reinforced its deportation
cooperation with Germany in December 1997, when it signed a Memorandum
of Understanding with Germany which clearly foresees "common
repatriation contingents" of third country nationals and
the "use of common charter flights". In 1999, the Belgian
interior minister Luc van den Bossche announced that as a result
of the death of Samira Adamu during a deportation flight, the
government would now use charter flights (small business planes)
to deport asylums seekers who "repeatedly use violence in
order to prevent deportation". He said that Germany and
France had shown interest (chartered flights have, of course,
been discussed between interior minister much earlier in the
Schengen process) and that the first flight was scheduled for
February the same year. However, this plan was soon abandoned
after protests against the company. Indeed, the string of deaths
during deportations has led to the issue being discussed at EU
level since 1998. It was again the German government which highlighted
the 'problem' of lack of restraint powers and conflicting jurisdictions,
leading to a draft Joint Action calling on EU member states to
give mutual assistance in transit situations during deportation
by air (see Statewatch bulletin vol 9 no 3/4). The proposed
measures include the introduction of group deportations by charter
flight.

The latest drive for a common expulsion policy involving charter
flights is discussed in the EU Commission Green Paper on an EU
policy on "return" (expulsion, deportation or repatriation)
from the EU. In line with the Council of the European Union (the
15 EU governments) it says that the EU has to develop a detailed
policy on expulsion "irregular migrants". Due to the
various problems encountered by the state in its deportation
attempts, the Commission recommends that instead of flying out
from individual countries "joint operations" with "voluntary
and forced returns" are to be encouraged. The French government
has taken the lead on a project to rationalise expulsion measures,
in particular by means of these "group returns" (doc
no: 11388/02). France has therefore opened talks with Germany
and the UK on the possibility of joint "European charters".
The French Ministry of the Interior with responsibility for expulsion
(DLPAJ/DCPAF Directorate of Civil Liberties and Legal Affairs/Central
Border Police Directorate) is to organise monthly meetings to
work out the procedure - which has to include: a legal framework;
operational constraints (security rules during flights, composition
of escort, requests to overfly third states etc); diplomatic
constraints (issue of consular [EU] laissez-passer, reception
by the authorities of the country of destination etc) (see Statewatch
Bulletin vol 12 no 5). In Britain, the idea of mass deportation
in the form of charter flights was also pursued in the government's
White Paper on immigration, nationality and asylum, launched
on 7 February 2002 (Statewatch vol 12 no 1).

What follows is by no means comprehensive list of chartered deportation
flights that have taken place in Germany France and Britain over
the past few years, followed by a chronicle of resistance to
deportations through the targeting of airlines up to the end
of March 2003 (see sources below).

Germany

Over the past three years more than 10,000 people are estimated
to have been deported by charter flights from Germany. One major
airline used for deportation is Tarom, destinations are mostly
Eastern Europe, Turkey and the Middle East but also Nigeria and
Sri Lanka. In Germany also, charter flights became government
policy after scheduled airline flights started refusing to take
deportees on board, especially after the death of Aamir Ageeb
during his deportation on a Lufthansa flight in 1999. In Germany,
the official focus is on 'potentially troublesome' refugees,
who are seen as the maim problem with deportations. The use of
force against is common and Tarom, together with German Federal
Border Guards have come under criticism from the UNHCR for beating
and using electric shock devices on a Kurdish refugee. Tarom
employs its own security personnel.

UK

Since March 2001, over 4,000 Kosovans have been deported with
charter flights under 'Operation Aardvark'. It is the first time
that migrants and refugees are forcibly removed from the UK en
masse, this time mainly to Tirana (Albania) and Pristina (Kosovo).
20 September 2002: 48 Roma are deported to the Czech Republic
under the name 'Operation Elgar', media film crews are invited
(and the footage is later screened in the Czech Republic) to
witness the deportation in an attempt by the UK government to
show Roma refugees, who suffer popular and institutional racism
as well as economic destitution in Eastern Europe, that they
are not welcome in Britain either.

28 April 2003: the UK government publicises its allegedly first
mass deportation to Afghanistan, a country still deemed unsafe
by the UNHCR and Amnesty International. Reports differ but the
deportation involves around 20-30 people and is claimed to be
the first in a series of mass deportations to Afghanistan. Britain
is the first Western country to begin enforced deportation to
the war torn country.

France

27 February 1997: 77 people are forcefully deported to Mali,
bound to their seats. On arrival border guards start abusing
the deportees, upon which they start attacking the guards, hospitalising
20 of the 47 Gendarme. The sans papiers, which were finding refuge
from deportation in the Paris church of Saint Bernard at the
time, call for a boycott of all "Racist Euro Charters".

3 March 2003: 54 people are forcefully deported to Senegal
and Ivory Coast, accompanied by 89 French Gendarme and 4 German
officials. Interior minister Nicolas Sarkozy announces that there
will be one charter flight a week from now on.

25 March 2003: 55 citizens from Côte d'Ivoire and 10 Senegalese
are deported against their will. This was the third charter flight
from Roissy in March. Eyewitnesses reported abuse in the extraterritorial
zone of the airport, numerous deportees were gagged, hands tied
behind their backs and feet shackled, numbers put on their backs
to identify them and they are thrown like parcels into busses.

27 March 2003: Spain and France conduct a combined deportation
of 70 Roma to Romania.

Beginning of April: a co-organised deportation flight between
Britain and France to Afghanistan.

Anti-deportation protests target aviation campaigns, and now
charters

One reason for airlines of scheduled flights resisting taking
over the government's deportation plans is widespread campaigning
against aviation companies. Lufthansa, KLM, Tarom and more recently
Air France have been the target of public criticism due to their
involvement in forced deportation, in breach of their regulations
and various ethical commitments enshrined in travel and tourist
charters. What follows is a list of protests organised in Germany
and France against Air France, as well as a list of successful
anti-deportation actions which have involved the specific targeting
of airlines. The move from scheduled to charter deportations
has led to a shift in anti-deportation campaigning to include
charter flight companies as well as travel agencies who do business
with those companies. The campaigns are carried out by a variety
of national groups and are often coordinated by the European
noborder network (www.noborder.org),
which was set up in 1999 to "work on the questions of migrants
and asylum seekers in order to struggle alongside them for freedom
of movement, for the freedom for all to stay in the place which
they have chosen."

Berlin/Amsterdam, 29 June 2001: German and Dutch groups work
together in halting the deportation of a Nigerian refugee by
pressurising Lufthansa and KLM. Saka Depo O., after having been
deported from Berlin to Amsterdam to go on to Lagos, is brought
back to Berlin after KLM informs the campaigning group that it
does not carry out deportations against people's wishes. A few
days earlier Saka's deportation was stopped in Berlin when passengers
on his deportation flight protested because he was handcuffed.

April 2002: KLM issues a press release stating that they do not
deport people against their wishes.

Munich, 22 December 2002: Two deportations are stopped by actions
in the plane and pressure on the deporting airlines KLM and Turkish
Airlines. In the first case, KLM offices in Amsterdam and Munich
are faxed two days before the deportation, informing them that
the planned deportation is taking place against the refugee's
will and that he is likely to resist his deportation. Activists
had also bought a ticket for the flight with the intent of refusing
to sit down during take-off. The deportation is halted and the
activists are arrested but released after a few hours. The same
day, activists receive a call from the relatives of an Iranian
deportee whose deportation is scheduled for the same day. After
a series of phone calls the airline refuses to take the deportee
on board. A week later, Air France takes over deportations from
Munich to Togo.

Paris, 30 January 2003: more than 20 sans papiers and members
of the French pilot unions SUD Aerian and ALTER as well as activists
from droits devant!! and members of a homeless collective occupy
an Air France Agency at Invalides/Paris. They demand the immediate
halt of any deportations by Air France, the suspension of border
guard officers responsible for the two undocumented migrants
who were killed on Air France aircrafts in December and January,
as well as an independent inquiry into the deaths.

Munich, 8 February 2003: Air France is unimpressed by protests
against the deportation of a Togolese woman to Lomé whose
partner and three year old child are left behind in Munich. Federal
Border Guards break the woman's arm during deportation. Activists
suspect Air France of taking over the deportation business from
KLM in Germany.

Paris, 9 February 2003: 50 activists from the Collectif Anti
Expulsion lobby personnel and passengers to resist on flights
suspected of 'hosting' deportees, followed by a demonstration
at the check-in counters, distributing leaflets on how to stop
a deportation flight and with information of the recent deportation
deaths on Air France aircraft.

Frankfurt, 17 February 2003: Anti-racist activists prevented
the deportation of a political refugee and member of the Southern
Cameroon National Council (SCNC) and Southern Cameroon Youth
League (SCYL) scheduled from Munich airport with Air France.
They informed the pilot and flight crew about the forceful deportation
and the likelihood of resistance, as well as reminding them of
the two deaths that occurred a few months earlier. Activists
bought a ticket for the flight with the intention of refusing
to sit down during take-off. The pilot was persuaded to personally
ask Ms. Kugo Oginia if she is willing to travel, a few minutes
later she is taken off the plane and brought back to her place
of residency in Germany.

Paris, 22 February 2003: Mass leafleting of Air France agencies,
informing customers and employees of the recent deaths and offering
instructions for passengers what to do in case they caught a
deportation flight.

Paris, mid-March: Regular protests at Roissy airport with banners
and leaflets at Air France check-in counters processing flights
to Bamako, Cotonou, Ouagadougou, Dakar, Shanghai and Beijing.
Berlin/Frankfurt/Düsseldorf, 9 March 2003: At the international
tourism fair 'International Tourism Exchange ITB Berlin' and
airports in Frankfurt and Düsseldorf, activists dress in
flight attendants outfits and distribute leaflets in German and
French, demanding an immediate stop to deportations, information
on the two recent deaths and Air France's responsibilities in
the matter. Potential tourists and passengers are informed on
how to stop a deportation.

Paris, 20 March 2003: Around 100 sans papiers and support groups,
including Bishop Jacques Gaillot, occupy the offices of the travel
agency FRAM, which is the main commercial user (over 80%) of
the EURALAIR-HORIZONS, the airline company that carries out France's
deportation flights.

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